H. K. RATHOD, J. ( 1 ) HEARD the learned advocates appearing on behalf of respective parties. ( 2 ) IN Special Criminal Application no. 1516 of 2006, the applicant panjarapole has challenged the order passed by Judicial Magistrate, First Class, Shihor in respect of Crime Register No. II-121 of 2006 registerd with Shihor Police Station. The J. M. ,f. C. , Shihor has granted the custody of cattle to opponent No. 2 yunusbhai who is residing at Viradi, Taluka gariyadhar while exercising the powers under Section 451 of the Code of Criminal procedure without calling the present applicant and without giving any opportunity of hearing to applicant. ( 3 ) THIS order is challenged by present applicant - Panjarapole being Criminal revision Application No. 79 of 2006, where, by order dated 2nd September 2006, the District Judge, Bhavnagar was pleased to reject the revision application by confirming the order passed by J. M. ,f. C. , shihor. ( 4 ) THE contentions raised by learned advocate Mr. Kapadia is that while exercising the powers under Section 451 of cr. P. C. , the learned Magistrate has not taken care to give hearing to present applicant - Panjarapole. He further submitted that this order is passed in absence of present applicant - Panjarapole. Therefore, according to his submission, let an opportunity may be given by learned magistrate, Shihor to present applicant and thereafter, learned Magistrate may pass appropriate order in accordance with law. ( 5 ) LEARNED advocate Mr. Tirmizi appearing on behalf of opponent No. 2 yunusbhai submitted that learned magistrate Court may also give opportunity to present opponent No. 2 under Section 451 of Cr. P. C. ( 6 ) I have considered the submissions made by all the teamed advocates appearing on behalf of respective parties and also considered the fact that this order is passed by learned Magistrate without giving opportunity of hearing to present applicant panjarapole. Therefore, it is directed to judicial Magistrate, First Class, Shihor to decide the application filed by Yunus kasambhai Chauhan in respect of Crime register No. 11-121 of 2006 registered with shihor Police Station and to pass reasoned appropriate order in accordance with law in respect of custody of cattle after giving reasonable opportunity of hearing to present applicant - Shihor Panjarapole and present opponent No. 2 - Yunus Kasambhai chauhan and also considering the contentions raised by respective parties. ( 7 ) WHILE deciding the application under section 451 of the Code of Criminal procedure, the Magistrate Court shall not be influenced by earlier order dated 3rd august 2006 and shall also not be influenced by order passed by District judge dated 2nd September 2006. It is made clear that Magistrate Court must have to consider the application under Section 451 of the Code filed by Yunus Kasambhai chauhan independently without being influenced by any observations of earlier orders as referred above. ( 8 ) IN respect of Special Criminal application No. 1953 of 2006, it is directed to opponent No. 1- Stale Authority to hold proper, genuine and independent investigation into the matter and application dated 6th September 2006 submitted to dsp Office, Bhavnagar and consider the request of present applicant in light of the different provisions of the Acts other than prevention of Cruelty to Animals Act. The opponent No. 1 - State Authority shall have to complete the exercise as per direction within a period of three months from the date of receiving the copy of the said order. ( 9 ) IN view of above, rule is made absolute to that extent. ( 10 ) DIRECT service is permitted. (RRP) (Rule is made absolute.)